a. This Chapter provides the policies and procedures that will be used when the Government determines that a cost comparison between in-house (agency), contract or interservice support agreement (ISSA) performance is warranted.
b. The procedures of Part I of this Supplement regarding cost comparison waivers, the certification of the Government's MEO, review by an Independent Review Officer and the Administrative Appeals process apply. Cost comparisons will be based upon the same scope of work and performance requirements contained in the Performance Work Statement (PWS).
c. Cost comparisons are conducted in accordance with this guidance, modified to the extent applicable by Chapter 5 of this Part. The procedures differ for the conversion of work from contract or ISSA to in-house performance, however, in four basic areas: (1) the identification of new or increased in-house costs, (2) one-time conversion costs and (3) the calculation of the minimum cost differential, and (4) certain other adjustments that may be necessary if an ISSA is being considered.
a. The competitive cost of in-house performance includes all significant performance costs associated with the activity that are not common to the in-house, contract or ISSA options. The in-house cost estimate is based upon the following:
--Personnel Costs
--Materials and Supply Costs
--Other Specifically Attributable Costs
--Depreciation
--Cost of Capital
--Rent
--Maintenance and Repair
--Utilities
--Insurance
--Travel
--MEO Subcontracts
--Other Costs
--Overhead Costs
--Additional Costs
b. In addition to costs generally associated with the in-house performance of an activity, including personnel, material and overhead costs, a conversion from contract or ISSA performance to in-house performance may require increased costs for facilities and equipment. The cost of all capital assets not currently provided to the contractor will be computed using the depreciation and cost of capital methods provided in this Chapter. Increases for the rent, maintenance and repair, utilities, travel and their associated overhead is also calculated. Government costs that would be the same for in-house, contract or ISSA operation, should be identified, but need not be computed.
a. This Supplement establishes a minimum threshold of undefined costs that must be exceeded prior to a conversion to or from in-house, contract or ISSA performance. The minimum differential is also established to ensure that the Government will not undertake a conversion for marginal estimated savings.
b. An activity will not be converted to or from in-house, contract or ISSA performance, on the basis of a cost comparison, unless the minimum cost differential is met. The minimum cost differential is the lesser of 10 percent of in-house personnel-related costs (Line 1) or, $10 million over the performance period. Factors such as decreased productivity, and other costs of disruption that cannot be easily quantified at the time of the cost comparison are included in this differential.
c. Whenever a cost comparison involves a mix of existing in-house, contract, new or expanded requirements, or assumes full or partial conversions to in-house performance, each portion is addressed individually and the total minimum differential is calculated accordingly.
a. Agencies will use the annual inflation guidance developed annually for the President's Budget and provided by OMB for use in cost comparisons conducted in accordance with this Supplement.
b. In preparing cost estimates, all known or anticipated increases incurred before the end of the first performance period; e.g., salary increases for Government employees, are included in each cost element--prorated as appropriate. For subsequent periods, the cost of anticipated changes in the scope of work, as described in the PWS, is determined. Inflation factors for pay and non-pay categories will then be applied to the estimated year-end costs for the first year of performance. There are some exceptions to the inflation adjustments as discussed later, such as personnel costs subject to economic price adjustment clauses of the Service Contract Act, Davis-Bacon Act, depreciation costs for facilities and equipment, and the cost of minor items.
c. To calculate out-year costs: (1) determine the cost elements affected by inflation during each performance period. For each period, ensure that the number of months in the period and the changes in the PWS for each period have been considered; (2) multiply each cost element for each performance period by the respective salary/wage or material cost inflation factors to the applicable performance period, and (3) once adjusted for inflation, calculate the total cost of that CCF Line item.
a. It is not the intent of this Supplement to require an ISSA offeror to significantly alter its methods of operation to provide unique or site specific services. While such services may meet agency missions and may legitimately be included in the solicitation, additional adjustments to the ISSA cost estimate may be necessary to reflect differences in in-house and contractor bids.
b. Agencies should identify the minor differences between the requirements of the solicitation (contractor bid) and the ISSA cost estimate. The agency determines if any item or combination of items will impact the agency's ability to perform. If the agency's ability to perform would be adversely impacted, the ISSA cost estimates may be rejected as non-responsive. If the differences will have minimal agency performance implications, and/or can continue to be performed by agency personnel, the ISSA cost estimates will be adjusted for purposes of comparison with the contractor and MEO offers, based upon the comparable costs contained in the agency's MEO.
c. A complete record of all adjustments to the contractor and ISSA cost estimates should be maintained and made available to the public upon request.
B. Personnel--Line 1
a. Position Title or Skill--Identify the job. Example: carpenter, driver, janitor, supervisor, foreman, administrative clerk or department head.
b. Grade--Identify the appropriate GS/FWS grade for each position title or skill.
c. Number of FTE Required--Identify the FTE required for each grade. Identify the temporary and intermittent employee work years. This is important for later fringe benefit calculations, since intermittent and temporary employees get fewer benefits than full-time or part-time employees.
d. Annual Salary/Wages--Pay information can be obtained from the personnel or finance office. Use current pay rates based on the Government-wide representative rate of step 5 for GS and step 4 for FWS employees. Multiply that pay rate by the number of FTE, except for intermittent positions where actual hours are used. As a rule, GS salary is expressed as an annual rate of pay and the FWS salary is expressed as an hourly rate. For positions to be used on a prearranged regularly scheduled tour of duty, this hourly rate is multiplied by 2,087 (the number of hours employees are paid annually).
e. Other Entitlements--Include entitlements that will also earn fringe benefits. Work closely with the personnel office to make sure all entitlements are considered and to obtain current factors. Examples include: night differential pay for FWS employees, environmental differential pay and premium pay for Federal civilian fire fighters and law enforcement officers.
f. Fringe Benefits or FICA--The following fringe benefit factors are estimated according to the Federal Accounting Standards for Liabilities-Exposure. Multiply the following Governmentwide standard factors by the appropriate basic pay:
(1) Full or part-time permanent Federal civilian employees:
(a) The standard retirement cost factor represents the Federal Government's complete share of the weighted CSRS/FERS retirement cost to the Government, based upon the full dynamic normal cost of the retirement systems; the normal cost of accruing retiree health benefits based on average participation rates; Social Security, and Thrift Savings Plan (TSP) contributions. The current (1996) rate is 23.7 percent of base payroll for all agencies. The comparable retirement cost factors for special class employees are 32.3 percent for air traffic controllers and 37.7 percent for law enforcement and fire protection employees.
(b) The cost factor to be used for Federal employee insurance and health benefits, based on actual cost, is 5.6 percent, plus an additional 1.45 percent for Medicare.
(c) The cost factor to be used for Federal employee miscellaneous fringe benefits (workmen's compensation, bonuses and awards, and unemployment programs) is 1.7 percent.
(2) Intermittent or temporary Federal civilian employees.--The Federal Insurance Contribution Act (FICA) employer cost factor of 7.65 (or the current rate established by law) will be applied to civilian employees not covered by either of the two civilian civil service retirement systems (normally intermittent and temporary employees). Apply the FICA rate only to wages and salaries subject to the tax; there is an annual salary limitation for FICA tax.
g. Other Pay--Include entitlements that do not earn fringe benefits. Some examples are night differential pay for GS employees, overtime, holiday, awards, bonuses, and uniform allowances.
h. Personnel Cost--Add Basic Pay, Fringe Benefits or FICA and other pay for all positions and total for both Federal Wage System (FWS) and General Schedule (GS) categories. This figure can now be used as a basis to compute the annual personnel costs for each performance period.
C. Material and supply--Line 2
----------------------------------------------------------------------
Elements of Cost Paragraph
----------------------------------------------------------------------
Depreciation............................................... 2D2
Cost of Capital............................................ 2D3
Rent....................................................... 2D4
Maintenance and Repair..................................... 2D5
Utilities.................................................. 2D6
Insurance.................................................. 2D7
Travel..................................................... 2D8
MEO Subcontracts........................................... 2D9
Other Costs................................................ 2D10
----------------------------------------------------------------------
a. Depreciation represents the cost of ownership and the consumption of an asset's useful life.
b. Unless an asset is fully depreciated, the Federal Accounting Standards for Property, Plant and Equipment will be used. If an applicable asset is fully depreciated, is to be used by the MEO during the performance period and is not to be provided to the contractor or ISSA provider, extend the life of the asset through the end of the performance period. The cost of depreciation is then recalculated using the extended life and original acquisition cost.
c. Individual assets costing less than $5,000 are considered minor items and will not be depreciated, but will be added to other costs (see paragraph D.10). The joint use of minor items need not be prorated to the function under study. Assets costing more than $5,000 are major items for depreciation.
d. If an in-house activity shares an asset with another activity not under review or cost comparison and that asset will not be provided for use by the contractor or ISSA, allocate depreciation to the in-house estimate on the basis of use or other appropriate methodology. If the activity is converted to contract or ISSA performance, the asset's life and utilization rate may change.
e. To find the cost of depreciation added to each option year, subtract the residual value from the total of the acquisition cost plus any capital improvements and, then, divide by the estimated useful life of the asset. Include the resultant annual depreciation for each year of the cost comparison. If the asset was acquired through transfer, seizure or forfeiture, an industry specific standard or engineering appraisal may be used to establish the market or "acquisition" value of the asset at transfer.
f. Facilities are generally categorized as permanent, semi-permanent or temporary and the useful life will be standardized for the entire grouping. The useful life expectancies listed below may be used by type of facility. If useful life has been exceeded, obtain an engineering projection of anticipated remaining useful life. These costs will be prorated to the activity under study by a unit of measure that varies directly with consumption (e.g., floor space, type of facility, number of telephones). Estimates of expenses to be incurred for the first year of performance should be based on current experience, appropriately adjusted for anticipated requirements. Engineering estimates should be used when historical data are not available. All estimates should be appropriately documented with supporting detail.
----------------------------------------------------------------------
Facility Category Useful Life
----------------------------------------------------------------------
Permanent (P)............................................ 75 years
Semi-Permanent (S)....................................... 50 years
Temporary (T)............................................ 25 years
----------------------------------------------------------------------
a. The annual cost of capital is added to the depreciation cost of any asset costing more than $5,000 acquired by the Government if: (1) not provided for the contractor's or ISSA provider's use, (2) is purchased less than two years prior to the cost comparison date or (3) is scheduled for purchase within the performance period.
b. The cost of capital is defined as an imputed charge on the Government's investment in capital assets necessary for the activity to provide the product or service.
c. To estimate the annual cost of capital, it is necessary to identify the total depreciable acquisition cost of new assets or, if acquired by transfer, forfeiture or seizure, the market value of the assets. The total cost results from the value of the asset, transportation costs (if not already included in the purchase price) and any installation costs to place the asset in operation. The cost of capital will be computed by applying the nominal rate provided by OMB Circular A-94 to the determined total cost of the asset.
a. Operation of any Government activity involves risks and potential costs from property losses (fire, flood, accident, etc.) and liability claims. These risks are normally covered by insurance included in any commercial cost estimate.
b. To the extent assets are not provided to the contractor or to the extent that property losses may be assessed against a contractor who uses Government space, facilities or equipment, in-house casualty premiums must be computed. Generally, the Government's casualty premium equivalent cost will be computed by multiplying .005 times the net book value of Government's equipment and/or facilities, plus the average value of material and supplies.
c. Insurance to be computed on assets will depend on the requirements of the Performance Work Statement (PWS). If the contractor or ISSA provides special casualty insurance on all Government furnished assets, compute insurance for all assets used by the activity under study. If the contract does not require the contractor to furnish special casualty insurance, e.g., the Government will self indemnify, compute casualty insurance on only those assets to be used by the activity under study that would not be provided to the contractor or ISSA provider, as appropriate.
d. Personnel liability losses will be computed by multiplying .007 times the Government's total personnel-related costs on Line 1. Additional liabilities assigned to the contractor or ISSA provider by the PWS that are not associated with personnel will also be computed by applying the standard .007 factor to the estimated liability ceiling identified in the PWS and included in the in-house cost estimate.
a. Other Costs is a general category for specifically attributable costs that do not properly fit into one of the other cost elements, but would change in the event of contract or ISSA performance. Some examples are purchased services packaging and crating (if not already a part of material and supplies); transportation costs; and royalties. Ensure these costs are not also covered in Line 4 overhead costs.
b. Include the cost of minor items that are not immediately consumed by the activity and not provided to the contractor or ISSA provider. This includes items such as overhead projectors, office equipment, tools, chairs, desks, cabinets, etc. Estimate the cost of minor items for each performance period by allocating 10 percent of the total estimated replacement cost of all such items. Should the supply source mark-up increase the item's cost to more than $5,000, it will still be considered a minor item.
E. Overhead--Line 4
a. New investment by the Government in facilities and equipment should not be included as one-time costs. The costs incurred in acquiring facilities or equipment and installing the equipment should be included in the capitalized cost of in-house performance.
b. Government facilities and equipment will not normally be expanded to accommodate new or expanded work if cost-effective contract or ISSA facilities and equipment are available. Likewise, agency ownership shall not preclude a contractor or an ISSA provider from competing for the service. If in-house operation is dependent upon the Government's purchase or construction of new facilities or other major capital asset purchases, the cost comparison and conversion to in-house performance will be delayed until the approval to purchase or construct such items is obtained, subject to the cost comparison.
G. Total cost--in-house performance--Line 6
Enter the sum of Lines 1 through 5 on Line 6.
a. In determining the amount to be recorded as the contract price, consider the contract type. The following guidance is provided in this regard.
b. In the case of a sealed bid, firm fixed price contract, the price of the low responsible, responsive offeror will be entered. If a firm fixed price contract is to be negotiated, the negotiated price will be entered.
c. If a cost-reimbursement or cost-sharing type contract is proposed, enter the low negotiated estimate.
d. If a contract with an incentive or award fee is proposed, enter 65 percent of the potential maximum incentive or award fee plus the contract costs of the most advantageous offer to the Government.
e. If a time and material or labor-hour contract is proposed, enter the estimated total cost of performance. Alternatively, comparable rates can be developed for the Government cost estimate, developed in accordance with this Supplement, and the comparison can be made on the basis of rates, rather than costs.
a. If the apparent low contract offeror is a tax-exempt organization, the tax-exempt's contract price is adjusted by an amount equal to the estimated Federal income taxes that the lowest non tax-exempt offeror would pay. This adjustment is necessary to determine which offeror has the lowest overall cost to the Government.
b. Calculate the Federal tax adjustment by using the procedures in paragraph G of this Chapter. Add the Federal taxes calculated to the tax-exempt's offer for comparison with other non tax-exempt offerors.
c. Compare the tax-exempt's adjusted offer to the low non tax-exempt offer. The lowest cost offeror, after this comparison, will then compete against the Government's in-house cost estimate and any ISSA proposals. If the tax-exempt's adjusted offer is lower than the low non tax-exempt offer, enter the unadjusted tax-exempt's offer on Line 7.
a. If a preference eligible contractor meets the requirements of an unrestricted solicitation, and is an otherwise fully responsive offeror, the preference eligible may compete with non-preference eligible offerors. This is accomplished by adding 10 percent of each non-preference eligible's offer to their offer for initial comparison purposes only. The lowest offer, after adjustment, will be chosen to compete with the Government's in-house cost estimate and ISSA offers.
b. If the preference eligible's offer is lower than all other commercial sources--after adjustments--enter the preference eligible's price on Line 7. If the non-preference eligible's adjusted price is lower, enter the unadjusted non-preference eligible's price on Line 7.
C. Contract administration--Line 8
Table 3-1. Contract Administration Factors
----------------------------------------------------------------------
MEO Staffing Contract
Administration
FTE
----------------------------------------------------------------------
10 or less......................................... .5
11-20.............................................. 1
21-50.............................................. 2
51-75.............................................. 3
76-100............................................. 4
101-120............................................ 5
121-150............................................ 6
151-200............................................ 7
201-250............................................ 8
251-300............................................ 9
301-350............................................ 10
351-450............................................ 11
451 and above...................................... 2.5 percent of
in-house MEO
staffing
----------------------------------------------------------------------
E. One-time Conversion--Line 10
a. A conversion may result in certain items of Government material or equipment, that would otherwise have been used by the in-house MEO, becoming excess and available for transfer to another in-house activity or to the contractor.
b. It should be possible to transfer the material to the contract or ISSA offeror. In this case, it may be appropriate to conduct a special joint physical inventory and include the Government's cost of conducting the joint inventory (costs may be shared with the winning bidder) on Line 10.
c. If the transfer of existing materials to the contract or ISSA offeror is feasible, and the agency elects not to provide the material, no charge for conducting the inventory is permitted.
a. A conversion will also normally result in certain one-time labor-related expenses. These may include health benefit costs, severance pay, homeowner assistance, relocation and retraining expenses and initial contractor security clearance requirements.
b. Estimated severance pay is calculated at four percent of the annual basic pay (performance period 1 only) entered on Line 1, without fringe benefits.
c. If there is a requirement for the commercial source to have access to classified information or other security clearances under existing agency directives, only those costs that would be necessitated by the conversion may be calculated. Recurring requirements necessitated by in-house attrition or by employees that may be hired under the Right-of-First-Refusal will not be included.
A. Conversion differential--Line 14
C. Adjusted total contract or ISSA cost--Line 16
ILLUSTRATION II-1
THE GENERIC A-76 COST COMPARISON FORM (GCCF)
IN-HOUSE VS. CONTRACT OR ISSA PERFORMANCE
Performance Periods
---------------------------------------
1st 2nd 3rd Add'l Total Reference
----- ----- ----- ----- ----- ---------
In-House Performance
1. Personnel
2. Material and Supply
3. Other Specifically
Attributable
4. Overhead
5. Additional
----- ----- ----- ----- -----
6. Total In-House
Contract or ISSA Performance
7. Contract/ISSA Price
8. Contract Administration
9. Additional
10. One-time Conversion
11. Gain on Assets ( ) ( ) ( ) ( ) ( )
12. Federal Income Taxes ( ) ( ) ( ) ( ) ( )
----- ----- ----- ----- -----
13. Total Contract or ISSA
Decision
14. Minimum Conversion
Differential -----
15. Adjusted Total Cost of
In-house Performance -----
16. Adjusted Total Cost of
Contract or ISSA
Performance -----
17. Decision--Line 16
minus Line 15 -----
18. Cost Comparison Decision: Accomplish Work
In-House (+) -----
Contract or ISSA (-) -----
19. In-House MEO Certified By:
Date:
Office and Title:
"I certify that, to the best of my knowledge and belief, the
in-house organization reflected in this cost comparison is the
most efficient and cost effective organization that is fully
capable of performing the scope of work and tasks required by
the Performance Work Statement. I further certify that I have
obtained from the appropriate authority concurrence that the
organizational structure, as proposed, can and will be fully
implemented - subject to this cost comparison, and in accordance
with all applicable Federal regulations.
20. In-House Cost Estimate Prepared By:
Date:
21. Independent Reviewer:
Date:
Office and Title:
"I certify that I have reviewed the Performance Work Statement,
Management Plan, In-house cost estimates and supporting
documentation available prior to bid opening and, to the best
of my knowledge and ability, have determined that: (1) the ability
of the in-house MEO to perform the work contained in the
Performance Work Statement at the estimated costs included in
this cost comparison is reasonably established and, (2) that all
costs entered on the cost comparison have been prepared in
accordance with the requirements of Circular A-76 and its
Supplement.
22. Cost Comparison Completed By:
Date:
23. Contracting Officer:
Date:
24. Tentative Cost Comparison Decision Announced By:
Date:
25. Appeal Authority (if applicable):
Date:
a. possible conversion to or from in-house, contract or ISSA performance involving 65 FTE or less;
b. activities that will compete largely on a labor and material cost basis such as, but not limited to, custodial, grounds, guard, refuse, pest control, warehousing and maintenance services;
c. activities for which significant capital asset purchases are not required or for which all equipment requirements will be Government Furnished/Contractor Operated (GOCO), and
d. activities that are commonly contracted by the Government and/or private sector, e.g., there are not less than four comparable agency contracts of the same general type and scope and the range of the existing service contract costs are reasonably grouped.
ILLUSTRATION II-2
THE STREAMLINED A-76 COST COMPARISON FORM (SCCF)
(LIMITED TO 65 FTE OR LESS)
IN-HOUSE VS. CONTRACT OR ISSA PERFORMANCE
Performance Periods
---------------------------------------
1st 2nd 3rd Add'l Total Reference
----- ----- ----- ----- ----- ---------
In-House Performance
1. Personnel
2. Material
3. Overhead
4. Other
----- ----- ----- ----- -----
5. Total In-House
Contract or ISSA Performance
6. Contract and ISSA
Price Range
7. Contract Administration
8. Federal Taxes (-)
----- ----- ----- ----- -----
9. Total Contract and
ISSA Price Range
Decision
10. Minimum Conversion
Differential -----
11. Adjusted Total Cost of In-house Performance -----
12. Adjusted Total Cost of Contract or ISSA
Performance -----
13. Cost Comparison (Line 12 minus Line 11) -----
14. Cost Comparison Decision:
Perform In-House -----
Convert to Contract or ISSA -----
15. In-House Cost Estimate Prepared By:
Date:
16. Independent Reviewer:
Date:
Office and Title:
"I certify that I have reviewed the proposed contract, in-
house and ISSA cost estimates and contract prices and find
them to be reasonable and calculated in accordance with the
principles and procedures of Circular A-76 and its
Supplement.
17. Cost Comparison Completed By:
Date:
18. Contracting Officer:
Date:
19. Tentative Cost Comparison Decision Announced By:
Date:
20. Appeal Authority (if applicable):
Date:
Return to List of Circulars | Circular A-76 | Table of Contents | Part II Table of Contents
The Budget Legislative Information Management Reform/GPRA Grants Management Financial Management Procurement Policy Information & Regulatory Policy Contact the White House Web Master